Got a ticket for riding with earplugs in CA

Well I just got a ticket for riding with earplugs on. I would have understand if they were earphones for a music player, but not when it's noise reducing plugs.

What has been your guys experiences with the law about this in CA? It seems pretty ridiculous since I am using them for ear protection.

After some research I've found that it's a moving violation that costs 200 dollars.

How loud is your exhaust if you "need" to wear earplugs for hearing protection?

So it's ok for someone that is deaf to get a drivers license but we can't use ear plugs?

motokid wrote:

How loud is your exhaust if you "need" to wear earplugs for hearing protection?

Well the exhaust is stock. When i go on rides longer than 4 hours my ears will ring like I've been in a rock concert. This goes with every bike I've owned, so I made it a habit to wear ear plugs.

Anything that goes over 85 decibels can cause hearing loss and 85 isn't much. most motorcycles emit 100 db and normal freeway traffic inside a car is already 85db.

A few articles about motorcycle noise:
helmet noise - click me
Ear Plug Hearing protection - click me

The first comment in the ear plug article is interesting in that the person that wrote it is a "motor officer" that uses them. From "D.M." (02/11)

Am i reading the California code correctly regarding this? Is part D saying that it is ok to wear ear protection plugs to reduce dangerous noise levels when riding as long it doesn't block out the noise of sirens etc..??


V C Section 27400 Wearing of Headsets or Earplugs
Wearing of Headsets or Earplugs

27400. A person operating a motor vehicle or bicycle may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any of the following:

(a) A person operating authorized emergency vehicles, as defined in Section 165.

(b) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway.

(c) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.

(d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate injurious noise levels. The plugs or molds shall be designed in a manner so as to not inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or a horn from another motor vehicle.

(e) A person using a prosthetic device that aids the hard of hearing.

That's the way I read it. Did you piss in the officers corn flakes or something?

He did seem agitated when he pulled me over. I waved at him as I pasted him when he was finished pulling someone else over.

He also thought my bike wasn't street legal. Took him awhile to write me the citation. He was double checking everything and my vin.

what was the reason for the traffic stop?

He pulled me over because my plate wasn't visible.

Sounds like a dick cop to me (is there any other kind?). Bring the section of the traffic code posted above with you to court and fight it, good luck.

BoredAzHell20 wrote:

It seems pretty ridiculous since I am using them for ear protection.

Just to be clear, it's an obvious and exaggerated abuse of power by a douche-faced dick-bag cop.

Car stereo's can block out way more than earplugs.

The fuck-stick was looking for anything he could possibly stick you with and picked something so pathetically weak I'd really be shocked if you didn't contest that in court.

Of course - that costs money, and I'm sure there has been times when you've "broken the law" and not been caught, so maybe it's just karma, but still.

WEAK SAUCE from the cop and I think you should look into fighting that one.

+1 on what Motokid said.

Fight that shit.

I wear plugs 100% of the time. I like my hearing. I want to preserve it. Besides, it's a lot less fatiguing on long rides with plugs.

Cops will pull you over on a hunch that something is wrong. When they find out they were wrong (which no cop will ever admit to) they'll nit pick until they find something that can stick, at least long enough to end the stop.

motokid wrote:

How loud is your exhaust if you "need" to wear earplugs for hearing protection?

Wind noise is much more detrimental to hearing than exhaust noise. I wear them for protection from wind noise on long road rides. I have been deaf in my right in since I was a kid I won't risk damage to my left if I can help it .

As others have mentioned, the wind noise at higher speeds is enough to damage your hearing. It's sad the cop doesn't know this, but they are people too. i would fight the ticket.

Since the OP is from August, I wonder if he did fight it and what was the outcome.

I also ride with earplugs all the time. My father is starting to lose his hearing from years of exposure, and I want to do what I can to keep mine. Wind noise is the main reason, but my exhaust is pretty loud too. If I ride without them, I feel distracted and annoyed. This is the first I have ever heard of someone getting cited for wearing ear plugs.

Un-fucking believable! We've all been criminalized by the nanny state. It's just about who they want to arrest or fine.